All subdivision and site plan applicants that have open space shall be responsible for the maintenance of these common areas so as to provide adequate light, air, and space to the residents or individuals of all developments. Sections 58-18.2 through 58-18.6 will address open space in residential and nonresidential developments.

(Ord. No. 2021-002, 11-23-2021)

The following requirements shall apply to all residential developments with land in common open space, whether these lands are proposed for public dedication or not, and all improvements provided for common use and benefit, whether or not required by this article:

(1)

General requirements. A legal entity shall be established as required under state law to provide for the ownership and maintenance of all open space areas and improvements.

(2)

Covenants. All such organizations described in subsection (1) shall be created by covenants and restrictions recorded among the land records of the town or among the land records of the county. All such covenants shall include provisions for the maintenance of the common space.

(Ord. No. 2021-002, 11-23-2021)

Applicability. All open space areas in nonresidential zoning districts shall include buffer yards, parking lot landscaping, and yard setbacks, and shall not include streets, service drives, parking, and loading areas or other such areas with no aesthetic value as determined by the zoning administrator.

(Ord. No. 2021-002, 11-23-2021)

(a)

Responsibility. All responsibility for the maintenance of any open space shall be the responsibility of the developer until transferred to the property owner or HOA. If the HOA fails to act after notice from the town, then the individual property owner shall be responsible.

(b)

Condition. All open space areas in residential developments shall be kept open to the residents and appropriately landscaped, and maintained in a clean, attractive, and safe condition.

(c)

Repair. Within 30 days upon receiving written notice from the administrator, the owner/agent shall repair any defective condition of the open space areas that render these spaces unusable or unsafe. If the deficiencies are not rectified within the 30-day period (or any extension that may have been granted), the administrator may repair the open space to a reasonable condition in accordance with the improved landscape plan to preserve property values in the area. The owner and/or his agent shall be responsible for reimbursing the Town for any costs associated with this repair.

(Ord. No. 2021-002, 11-23-2021)

Open space shall be provided in the amount required by the appropriate zoning district regulation.

(Ord. No. 2021-002, 11-23-2021)

Streetscape requirements are categorized as follows:

(1)

Sidewalks.

a.

Width, slope, thickness.

b.

Location and handicap access.

c.

Material, finish, colors.

d.

Maintenance agreements.

(2)

Furnishings.

a.

Lights.

b.

Benches.

c.

Trash receptacles.

d.

Bike racks.

e.

Trees.

(Ord. No. 2021-002, 11-23-2021)

The standards established in sections 58-20.6 through 58-20.20 are applicable to streetscape furnishings in conjunction with preliminary plan and final site plan regulations as defined in article II of this chapter.

(Ord. No. 2021-002, 11-23-2021)

The streetscape furnishings established in sections 58-20.6 through 58-20.20 shall be illustrated on the landscape plan as part of all preliminary and final site plan applications as described in article III of this chapter.

(Ord. No. 2021-002, 11-23-2021)

(a)

Sidewalks shall have a minimum unobstructed width of five feet or the standard width in accordance with the VDOT or the standard width recommended by the Americans with Disability Act, whichever is greater.

(b)

Maximum cross slope shall be two percent or one-fourth inch per foot.

(c)

Sidewalks along Washington Street shall be constructed of stamped concrete with a minimum of three inches of compacted blue stone dust and with a minimum four-inch concrete base or equivalent.

(d)

Sidewalks shall follow the grade of the closest adjacent roadway curb line whenever possible.

(e)

Handicap ramps shall be provided in accordance with Virginia Department of Transportation (VDOT) standards or the most current American Disabilities Act standards, whichever is more restrictive, and located at all street intersections or street and driveway crossing areas.

(f)

Sidewalks located on Washington Street shall conform to the stamped concrete, red brick color, herringbone pattern with solider course and subject to additional construction and design standards, as provided by the town engineer.

(Ord. No. 2021-002, 11-23-2021)

(a)

All lighting shall be the Washington Steel style (fluted) post with the Washington 118 globe (acorn style), approximately 14 feet in height, being Hanover Forest Green, or equivalent, in color, having 17-inch-wide metal base and concrete footer.

(b)

Photometric lighting plans shall be included with the final site plan and shall include a narrative outlining the specifications and responsible parties for the permit, operation, and associated maintenance costs.

(c)

Fixtures are to be located so as not to interfere with other existing utilities and to minimize conflicts with existing buildings and pedestrian sight lines.

(Ord. No. 2021-002, 11-23-2021)

(a)

Street lighting for single-family detached, townhouse, and multifamily subdivisions and site plans shall be provided along public and private streets, parking areas, and accessways. Lighting shall be located to establish the mounting height, luminance, and spacing to provide a minimum horizontal illumination of 0.4 footcandle.

(b)

Lighting shall be located at public and private intersections to establish the mounting height, luminance, and spacing to provide a minimum horizontal illumination of 0.6 footcandle on the roadway.

(Ord. No. 2021-002, 11-23-2021)

(a)

Site lighting shall be located at primary building entrances and parking areas of buildings which are occupied by businesses which provide customer service for the public after sunset or prior to sunrise, to establish the mounting height, luminance and spacing to provide a minimum average horizontal illumination of 0.6 footcandle.

(b)

Lighting shall be located at public and private intersections to establish the mounting height, luminance and spacing to provide a minimum horizontal illumination of 0.6 footcandle on the roadway.

(c)

Light fixtures shall be no higher than 16 feet.

(Ord. No. 2021-002, 11-23-2021)

(a)

Where the proposed designed lighting system is within or adjacent to dedicated public street right-of- way, the Virginia Department of Transportation (VDOT) shall require that installation, operation, and maintenance be contracted by an approved public or private utility company and shall follow the VDOT or county specifications for lighting installation, whichever is more restrictive.

(b)

The developer or responsible agent performing the installation shall sign an agreement with the town or the public/private utility company which guarantees full payment to the town or public utility. The developer or agent responsible shall also sign an agreement with the appropriate utility company which guarantees full payment for these associated charges, as well as any administrative costs incurred by the town. This agreement shall be executed prior to performance bond release.

(Ord. No. 2021-002, 11-23-2021)

(a)

Benches located in all public rights-of-way and private access easements shall be the Model C-10, Victor Stanley, Inc., "The Classic" model or equivalent. The metal frame shall be painted "Martin Senour-Market Square Dark Tavern Green," W85-0620, or equivalent, with gloss finish and the wood slats shall be stained a medium red oak transparent stain. Benches shall be fastened securely to the pavement.

(b)

All installation and maintenance of benches in the public right-of-way shall be the responsibility of the town; and all installation of benches in private access easements shall be the responsibility of the developer until transferred to the property owner or HOA. If the HOA fails to act after notice from the town, then the individual property owner shall be responsible.

(Ord. No. 2021-002, 11-23-2021)

(a)

Trash receptacles located in all public rights-of-way and private access easements shall be the Model 3-42 (with the S-2 lid where applicable), Victor Stanley, Inc., or equivalent. The metal frame shall be painted brown as approved by the Town Council, with enamel gloss paint. The brown shall be consistent throughout the Town.

(b)

All installation and maintenance of trash receptacles in the public right-of-way shall be the responsibility of the town; and all installation and maintenance of trash receptacles in private access easements shall be the responsibility of the developer until transferred to the property owner or HOA. If the HOA fails to act after notice from the town, then the individual property owner shall be responsible.

(Ord. No. 2021-002, 11-23-2021)

(a)

Street trees species requirements are identified on the plant list in section 58-19.12. Substitutions of plants may be allowed with the approval by the architectural review board and the planning commission. All street tree designs and installations must be reviewed by the architectural review board, the planning commission, and the town council with the following considerations:

(1)

The theme or concept of the design shall be shown.

(2)

The existing inventory of street trees and vegetation shall be shown.

(3)

The street trees planted shall be medium or large canopy trees to provide visual relief and shade.

(4)

The street trees shall be shown on plans at their maturity in order to allow maintenance preventative measures to be considered.

(b)

One street tree for every 25 feet of street frontage and plantings shall be at even intervals wherever possible.

(c)

Street trees in residential zoning districts shall be located generally within 20 feet of the public right-of-way. Street trees in business and industrial districts shall be located within the landscape area adjacent to the street.

(d)

All installation and maintenance of street trees located in the public right-of-way shall be the responsibility of the town; and all installation and maintenance of street trees located in private access easements shall be the responsibility of the developer until transferred to the property owner or HOA. If the HOA fails to act after notice from the town, then the individual property owner shall be responsible.

(e)

Trees planted along Washington Street shall be of the crape myrtle 'red rocket' variety, also known as "lagerstroemia indica".

(Ord. No. 2021-002, 11-23-2021)

(a)

Tree grates located in all public rights-of-way and private access easements shall be the Neenah type cast iron R-8738-A1 180-degree square, primed and then painted with glossy enamel finish paint "Martin Senour-Market Square Dark Tavern Green," W85-0620 or equivalent.

(b)

All installation and maintenance of tree grates located in the public right-of-way shall be the responsibility of the town; and all installation and maintenance of tree grates located in private access easements shall be the responsibility of the developer until transferred to the property owner or HOA. If the HOA fails to act after notice from the town, then the individual property owner shall be responsible.

(Ord. No. 2021-002, 11-23-2021)

(a)

Bike racks located in all public rights-of-way and private access easements shall be of the ground- secured type, constructed of precast concrete and painted brown (consistent with the trash receptacles).

(b)

All installation and maintenance of bike racks located in the public right-of-way shall be the responsibility of the town; and all installation and maintenance of bike racks in private access easements shall be the responsibility of the developer until transferred to the property owner or HOA. If the HOA fails to act after notice from the town, then the individual property owner shall be responsible.

(Ord. No. 2021-002, 11-23-2021)

Except for transmission power lines of 34,500 volts or greater, water towers, or other installations approved by the town council, all on-site utilities or utility facilities shall be installed underground, including electrical, water, sewer, power, gas, telephone, and cable utilities.

(Ord. No. 2021-002, 11-23-2021)